No. 18-1012
Patrick Lafferty, et ux. v. Wells Fargo Bank, N.A.
Tags: attorney-fees california-consumers-legal-remedies-act consumer-legal-remedies-act consumer-protection consumer-protection-act federal-trade-commission holder-rule implied-cause-of-action preemption private-cause-of-action private-right-of-action unfair-or-deceptive-acts
Key Terms:
Environmental SocialSecurity Securities Immigration
Environmental SocialSecurity Securities Immigration
Latest Conference:
2019-03-29
Question Presented (from Petition)
1. Whether the "Holder Rule" as discerned by the California Third District Court of Appeal implies a new private cause of action?
2. Whether the "Holder Rule" cap as applied by the Third District Court of Appeal preempts the California Consumers Legal Remedies Act (Civil Code section 1780(e)) that awards reasonable attorney fees to a prevailing plaintiff?
Question Presented (AI Summary)
Whether the Holder Rule" implies a new private cause of action and whether the "Holder Rule" cap preempts the California Consumers Legal Remedies Act"
Docket Entries
2019-04-01
Petition DENIED.
2019-03-13
DISTRIBUTED for Conference of 3/29/2019.
2019-03-06
Reply of petitioners Patrick Lafferty, et al. filed.
2019-02-28
Brief of respondent Wells Fargo Bank, N.A. in opposition filed.
2019-01-25
Petition for a writ of certiorari filed. (Response due March 6, 2019)
Attorneys
Patrick Lafferty, et al.
Wells Fargo Bank, N.A.
Jan T. Chilton — Severson & Werson, Respondent